Sioux Falls Saving Bank v. Lien
South Dakota Supreme Court
Appeal from circuit court Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Sioux Falls Savings Bank against B. H. Lien and others, to compel an interpleader. From a judgment for defendants, plaintiff appeals. The liability of the surety for the debt to the holder of the obligation is no greater and no less than that of the principal, and hence the simple fact that some of several joint debtors are sureties only is not a relevant issue in an action on the obligation.
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Appeal from circuit court Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Sioux Falls Savings Bank against B. H. Lien and others, to compel an interpleader. From a judgment for defendants, plaintiff appeals. The liability of the surety for the debt to the holder of the obligation is no greater and no less than that of the principal, and hence the simple fact that some of several joint debtors are sureties only is not a relevant issue in an action on the obligation. Berg v. Rad-cliff, 6 Johns. Ch. 307; Kroncke v. Madsen, 77 N., W. Rep. 202. The order sustaining the demurrer to the…
1Opinion of the CourtCorsON, J.
This is an action in equity to compel an interpleader between the defendants to determine the right to the possession 0: certain securities deposited with the plaintiff bank. Judgment was entered for the defendants, and the plaintiff appeals.
The appeal is from the judgment, and the principal ground re relied upon for a reversal of the judgment is that the conclusions of law are not supported by the facts. The case is somewhat complicated and the findings of the court are quite lengthy, and we shall only attempt a brief summary of them. The court finds that on the 9th day of November, 1896,…
2Cases cited4 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Atkinson v. ManksNew York Supreme Court · 1823
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
- Lien v. Sioux Falls Savings BankSouth Dakota Supreme Court · 1900
3Cited by3 opinions
- Kirby v. CrispSouth Dakota Supreme Court · 1901
- Lenz v. Mayor of DetroitMichigan Supreme Court · 1955
- Lenz v. Mayor of DetroitMichigan Supreme Court · 1955